Montana Code 35-8-302. Admissions of members and managers
35-8-302. Admissions of members and managers. (1) Except as provided in subsection (2), an admission or representation made by a member concerning the business or affairs of a limited liability company within the scope of the member’s authority as provided for by this chapter is evidence against the limited liability company.
Terms Used In Montana Code 35-8-302
- Articles of organization: means articles filed pursuant to 35-8-201 and those articles as amended or restated. See Montana Code 35-8-102
- Business: includes every trade, occupation, profession, or other lawful purpose, whether or not carried on for profit. See Montana Code 35-8-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Manager: means a person who, whether or not a member of a manager-managed company, is vested with authority under 35-8-301. See Montana Code 35-8-102
- Member: means a person who has been admitted to membership in a limited liability company, as provided in 35-8-703, and who has not dissociated from the limited liability company. See Montana Code 35-8-102
(2)If the articles of organization provide that management of the limited liability company is vested in a manager or managers:
(a)an admission or representation made by a manager concerning the business or affairs of a limited liability company within the scope of the manager’s authority, as provided for by this chapter, is evidence against the limited liability company; and
(b)the admission or representation of a member, acting solely in the capacity as a member, may not constitute evidence.